- 1 - HC-KAR NC: 2026:KHC:20544 CRL.RP No. 940 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION No.940 OF 2018 BETWEEN: SYED SAIFUDDEN S/O LATE S M AMEER JAAN AGED ABOUT 71 YEARS, R/AT NO.8, 1ST CROSS, ‘C’ LAYOUT, BANNIMANTAP MYSURU-570 015 …PETITIONER (BY SRI. SRINIVASA RAO S S, ADVOCATE) AND: THE STATE BY NARASIMHARAJA TRAFFIC POLICE STATION, MYSURU-570015 (REP BY S.P.P. HIGH COURT OF KARNATAKA BANGALORE-560001 …RESPONDENT (BY SRI K.NAGESHWARAPPA, HIGH COURT GOVERNMENT PLEADER) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 CODE OF CRIMINAL PROCEDURE PRAYING TO SET ASIDE THE JUDGMENT DATED 26.03.2018, PASSED IN C.C.NO.100/2013, ON THE FILE OF THE LEARNED III ADDITIONAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE AT MYSORE AND SET ASIDE THE JUDGMENT DATED 09.08.2018 IN CRL.A.NO.67/2018, ON THE FILE OF THE II ADDITIONAL SESSIONS JUDGE, MYSORE. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20544 CRL.RP No. 940 of 2018 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri Srinivas Rao.S.S., learned counsel for the revision petitioner and Sri K.Nageshwarappa, learned High Court Government Pleader. 2. At the outset, Sri Srinivas Rao, learned counsel for the petitioner kept the revision petitioner present before the Court, who has suffered an order of conviction for the offence under punishable Sections 279, 337, 338 and 304A of the Indian Penal Code. 3. Revision Petitioner/accused has appeared before the Court on a wheelchair. Without assistance, he cannot move around. Son of the petitioner by name Saud Sirajuddin has assisted the petitioner to appear before the Court. 4. The incident has occurred on 28.07.2012 wherein a valuable human life has been lost. Petitioner was the driver of the car bearing registration No.KA-09/Z-7560 which was driven by the petitioner on a test drive, which hit the motorcyclist. - 3 - HC-KAR NC: 2026:KHC:20544 CRL.RP No. 940 of 2018 Involvement of motorcycle bearing registration No.KA-11/W- 5380 and car bearing registration No. KA-09/Z-7560 is established. So also, the material evidence included the oral testimony of other injured eyewitnesses. 5. Taking note of these aspects of the matter, the order of conviction recorded by learned Trial Magistrate, convicting the petitioner/accused for the offence under Sections 279, 337, 338 and 304A of the Indian Penal Code, confirmed in Criminal Appeal No.67/2018 needs no interference having regard to limited revisional powers. 6. However, since the petitioner is on a wheelchair and is unable to attend to his day-to-day activities without the assistance of somebody, at this distance of time, if the petitioner is sent to imprisonment, no useful purpose would be served. 7. Petitioner volunteers to pay sum of Rs.5,00,000/- as compensation to the dependants of the deceased, apart from compensation which has been received by the dependents of - 4 - HC-KAR NC: 2026:KHC:20544 CRL.RP No. 940 of 2018 the deceased through Motor Accidents Claims Tribunal while seeking setting aside imprisonment period. 8. Taking note of the physical/health condition of the petitioner, this Court, as a peculiar case, is of the opinion that the sentence needs to be modified by directing the petitioner to undergo simple imprisonment for the day till rising of the Court by paying enhanced fine amount of Rs.5,00,000/-, though concept of ‘blood money’ is alien to Indian Criminal jurisprudence. 9. Accordingly, the following: ORDER (i) Revision Petition is allowed-in-part. (ii) While maintaining the conviction of the accused for the offence punishable under Sections 279, 337, 338 and 304A of the Indian Penal Code, sentence ordered by the learned Trial Magistrate confirmed by the learned Judge in the First Appellate Court is hereby modified directing the petitioner to undergo imprisonment for the day till the rising of the Court and to pay - 5 - HC-KAR NC: 2026:KHC:20544 CRL.RP No. 940 of 2018 enhanced fine amount of Rs.5,00,000/- on or before 15th May 2026 before the Trial Court. (iii) On receipt of the fine amount, the same shall be paid as compensation to the dependants of the deceased under due identification. (iv) If the petitioner fails to make the payment of enhanced fine amount on or before 15th May 2026, he shall undergo imprisonment ordered by the learned Trial Magistrate confirmed by the learned Judge in the First Appellate Court. Office is directed to return the Trial Court Records for issue of modified conviction warrant. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 2 Sl No.: 85